| INTRODUCTION
NJ Employment Law Plaintiff has initiated the instant action to redress violations by Defendants of the Fair Labor Standards Act, the New Jersey Wage & Hour Law, and the New Jersey Wage Payment Law. Defendants intentionally failed to pay NJ Employment Law Plaintiff overtime compensation earned while in the employ of Defendants for 5 years. As a result of Defendants’ unlawful actions, NJ Employment Law Plaintiff has suffered harm, loss of benefits and has prohibited the NJ Employment Law Plaintiff’s life style.
PARTIES
The foregoing paragraphs are incorporated herein as if set forth in full.
NJ Employment Law Plaintiff is an adult individual with an address as set forth above.
At all times relevant hereto, Defendant. The defendant was a graphic design company that was, upon information and belief, a New Jersey corporation headquartered with an address as set forth in the caption.
Defendant is a graphic design company that is, upon information and belief, a corporation that conducts business in Pennington, New Jersey.
At all times relevant hereto, Defendant was an officer of Defendant who was responsible for compensating NJ Employment Law Plaintiff.
Upon information and belief, Defendant is currently an officer of Defendant and has control over NJ Employment Law Plaintiff’s compensation.
At all times relevant herein, Defendants acted by and through their agents, servants, and employees, each of whom acted at all times relevant herein in the course and scope of their employment with and for Defendants.
FACTUAL BACKGROUND
NJ Employment Law Plaintiff was hired by Defendant.
At all times relevant herein, NJ Employment Law Plaintiff’s duties were predominantly mechanical in nature; NJ Employment Law Plaintiff was required to engage in maintenance of the building’s electrical wiring and plumbing as well as care for Defendant’s printing machinery.
At all times relevant hereto, NJ Employment Law Plaintiff was not delegated the responsibility to hire employees of Defendants.
At all times relevant hereto, NJ Employment Law Plaintiff was not delegated the responsibility to fire employees of Defendants.
At all times relevant hereto, NJ Employment Law Plaintiff was not delegated the responsibility to discipline employees of Defendants.
Upon information and belief, Defendant bought out all assets of old owner.
NJ Employment Law Plaintiff has provided maintenance assistance to Defendant.
NJ Employment Law Plaintiff continues to work in excess of 50 hours per week as an employee of Defendant.
COUNT I
FLSA
The foregoing paragraphs are incorporated herein as if set forth in full.
At all times relevant herein, Defendants were and continue to be employers within the meaning of the FLSA.
The Defendants had control over NJ Employment Law Plaintiff’s pay for 5 years.
At all times, the 2 Defendants acted directly and/or indirectly in the interest of Defendants in relation to NJ Employment Law Plaintiff’s pay.
For those 5 years NJ Employment Law Plaintiff was employed by the Defendant as a non-exempt employee within the meaning of the FLSA.
NJ Employment Law Plaintiff is employed by Defendant as a non-exempt employee within the meaning of the FLSA.
Defendant has continued his control over NJ Employment Law Plaintiff’s pay in his position with Defendant.
Under the FLSA, an employer must pay a non-exempt employee at least one and one half times the employee’s regular hourly rate of pay for each hour worked in excess of forty per workweek.
Defendants’ violations of the FLSA include, but are not limited to:
not paying NJ Employment Law Plaintiff at least 1.5 times his regular hourly rate of pay for all hours worked in excess of forty per workweek; and
not using proper record keeping to ensure that NJ Employment Law Plaintiff was paid for each and every hour he worked.
Conclusion
In conclusion the NJ Employment Law Plaintiff has taken the defendants to court under 3 different Counts. Failure to pay overtime compensation, violations to the New Jersey’s wage & hour Law and failure to pay wages under the New Jersey wage payment law. The NJ Employment Law Plaintiff wants to be compensated, reimbursed for any and all benefits they would have received if everything happened legally. The NJ Employment Law Plaintiff also fought for the Defendant to be prohibited of its illegal policy for the greater good. |
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